Ita/100030/2023 Of Principal Commissioner Of Income Tax v. Om Sai Co Op Credit

Digitally signedby VISHALNINGAPPAPATTIHALLocation: HighCourt ofKarnataka,Dharwad Bench IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21 DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR INCOME TAX APPEAL NO.100030 OF 2023 BETWEEN: PRINCIPAL COMMISSIONER OF INCOME TAX NAVANAGAR, HUBLI. - APPELLANT (BY SRI. M. THIRUMALESH AND SMT. ROOPA ANAVEKAR, ADVOCATES) AND: OM SAI CO-OP CREDIT SOUHARDA SAHAKARI NIYAMIT, NEAR OLD BUS STAND, HANGAL COMPLEX, BUS STAND ROAD, GADAG-582101, PAN: AAAA0 0223 G - RESPONDENT THIS ITA IS FILED UNDER SECTION 260A OF INCOME-TAX ACT, 1961 PRAYING TO, ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, “C” BENCH, BANGALORE IN ITA NO.454/BANG/ 2022, DATED 27.07.2022 FOR THE AY 2017-18 MARKED AS ANNEXURE-A AND CONFIRM THE ORDER DATED 29.03.2022 PASSED BY THE PRINCIPAL COMMISSIONER OF INCOME TAX, HUBLI FOR THE A.Y 2017-18 AS ENCLOSED AND MARKED AS ANNEXURE-B & ETC., THIS INCOME TAX APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The Revenue is in appeal under Section 260A of the Income Tax Act, 1961 [IT Act] raising certain substantial questions of law but significantly asserting that the disputed tax amount is Rs.1,23,31,498/-. When queried on the maintainability of the appeal in the light of the Circular dated 17.09.2024 in No. 9/2024 issued by the Central Board of Direct Taxes in the light of the submissions made on the previous occasion about the appellants being constrained to withdraw the appeal, Sri M. Thirumalesh submits that the Circular dated 17.09.2024 is categorical that an appeal under Section 260A of the I.T. Act could be prosecuted in the appeal before a High Court only if the tax effect is not determined and where the tax effect is above the threshold of Rs. 2 crores. Sri M. Thirumalesh is categorical that the determined tax effect tax effect in this appeal is in a sum of Rs.1,23,31,498/-, and therefore, the appeal must be disposed of as not maintainable leaving open the questions to be adjudicated in the appropriate proceedings if there is occasion for the same. As such, the appeal stands disposed of accordingly. Consequently, the pending applications stand disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE BVV LIST NO.: 1 SL NO.: 47 Sd/- (RAMACHANDRA D. HUDDAR) JUDGE